This document is an excerpt from the EUR-Lex website
Document 62010TN0581
Case T-581/10: Action brought on 23 December 2010 — X Technology Swiss v OHIM — Brawn (X-Undergear)
Case T-581/10: Action brought on 23 December 2010 — X Technology Swiss v OHIM — Brawn (X-Undergear)
Case T-581/10: Action brought on 23 December 2010 — X Technology Swiss v OHIM — Brawn (X-Undergear)
OJ C 63, 26.2.2011, p. 29–30
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
26.2.2011 |
EN |
Official Journal of the European Union |
C 63/29 |
Action brought on 23 December 2010 — X Technology Swiss v OHIM — Brawn (X-Undergear)
(Case T-581/10)
2011/C 63/56
Language in which the application was lodged: German
Parties
Applicant: X Technology Swiss GmbH (Wollerau, Switzerland) (represented by: A. Herbertz and R. Jung, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Brawn LLC (Weekhawken, United States of America)
Form of order sought
— |
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 October 2010 in Case R 1580/2009-1; |
— |
Order the defendant to bear its own costs and pay those incurred by the applicant. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: Word mark ‘X-Undergear’ for goods and services in Classes 23 and 25.
Proprietor of the mark or sign cited in the opposition proceedings: Brawn LLC.
Mark or sign cited in opposition: National and Community word mark ‘UNDERGEAR’ for goods in Class 25.
Decision of the Opposition Division: Upheld the opposition.
Decision of the Board of Appeal: Dismissed the appeal.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the two marks at issue.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).